LESLIE SINCLAIR AGAINST THE SCOTTISH MINISTERS AND ANOTHER [2022] ScotCS CSIH_49 (05 October 2022)

LESLIE SINCLAIR AGAINST THE SCOTTISH MINISTERS AND ANOTHER [2022] ScotCS CSIH_49 (05 October 2022)

The respondents' decisions to grant planning permission, subject to a condition requiring final approval for the interconnector, were lawful as they amounted to planning judgments based on material considerations, including the national priority of the interconnector, which outweighed conflicts with the development plan; no error of fact or irrationality was found.

Citation
[2022] ScotCS CSIH_49
Parties
Appellant: Leslie Sinclair; Respondents: The Scottish Ministers; Interested Parties: Orkney Islands Council
Jurisdiction
Scotland
Judgment Date
05 October 2022
Procedural Posture
Planning Appeal / Appeal Against Grant of Planning Permission
Outcome
Appeal refused
Legal Topics
Town and Country Planning, Renewable Energy, Development Plan, Material Considerations, National Planning Framework, Interconnector Approval
Administrative Law Planning Law Environmental Law Town and Country Planning Renewable Energy Development Plan Material Considerations National Planning Framework +1 more

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Parties

Leslie Sinclair

Appellant

The Scottish Ministers

Respondents

Orkney Islands Council

Interested Parties

Procedural Posture

Planning Appeal / Appeal Against Grant of Planning Permission

Legal Issues

  1. 1 Whether respondents acted unlawfully in granting planning permission contrary to development plan
  2. 2 Whether material considerations justified departure from development plan
  3. 3 Whether respondents' decisions were based on factual error or irrational reasoning

Ratio Decidendi

The respondents' decisions to grant planning permission, subject to a condition requiring final approval for the interconnector, were lawful as they amounted to planning judgments based on material considerations, including the national priority of the interconnector, which outweighed conflicts with the development plan; no error of fact or irrationality was found.

Court Disposition

Appeal refused

Orders

  • Planning permission upheld subject to condition prohibiting development until Ofgem approves the Final Needs Case for the interconnector